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Patna High CourtCWJC/5179/2018dfd for non appearance

Ashok Kumar Saha v. The State Of Bihar And ORS

2020-02-27The Chief Justice -,Mr. Justice S. Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5179 of 2018 ====================================================== Ashok Kumar Saha, Son of late Gaya Prasad Saha, Resident of Mohalla-Roll Bagh, P.S.-Kishanganj, District-Kishanganj.

... ... Petitioner/s

Versus

1.

The State Of Bihar.

2.

The District Magistrate, Kishanganj.

3.

The Commissioner, Commercial Taxes, Bihar, Patna. 4.

The Assistant Commissioner, Commercial Taxes, Kishanganj, circle, Kishanganj 5.

The Excise Superintendent, Kishanganj.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

For the Respondent/s :

Mr.Vikash Kumar - SC11 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 27-02-2020 Petitioner has prayed for the following reliefs:- "(i) To issue a writ/writs to quash the notice bearing Memo No. 141 dated 10.03.2018 and Memo No. 43 dated 29.01.2018 (Annexure-2 series) through which the Respondent no. 05 issue notice to the petitioner to deposit the VAT as per exceeded rate, as per the Memo No. 42 dated 29.01.2018 issued by the respondent no.04, which was never noticed to the

Patna High Court CWJC No.5179 of 2018(3) dt.27-02-2020 2/3 petitioner.

(ii) To issue a writ/writs in the nature of Mandamus Commanding the respondents to collect VAT as per the sell notification vide Group No. 12, License No. 06 of 2015-16 dated 01.04.2015 and Group No.12, License No. 26 dated 01.04.2015, (Annexure-1 Series).

(iii) To issue writ/writs in the nature of Mandamus Commanding the respondents to release the security amount of liquor shop license bearing Group No. 12, License No.

06 of 2015-16 dated 01.04.2015 and Group No.12, License No. 26 dated 01.04.2015.

(iv) To issue writ/writs commanding the Respondent Authorities that no additional tax be levied when the petitioner has already paid the entire due, because the same is natural justice."

On 06.02.2020 we had passed the following order. "Despite repeated calls, none appears on behalf of the petitioner. However,

Patna High Court CWJC No.5179 of 2018(3) dt.27-02-2020 3/3 in the interest of justice, matter is adjourned. List on 17.02.2020."

Despite repeated calls, none has entered appearance on behalf of the petitioner.

The petition stands dismissed for default.

(Sanjay Karol, CJ) ( S. Kumar, J) veena/rajiv/- U